Last Modified: May 7, 2022
Introduction
The website http://www.calllive.com/, owned and operated by Calls.Live,
LLC (“Company”) is dedicated to protecting your personal information and
informing you about how we use your information. This privacy policy applies to
your use of the Company website and all other related services (collectively
the “Site”). This Privacy Policy should be read in conjunction with the Terms
of Use and is integrated into the Terms of Use. All capitalized proper nouns
not defined in this Agreement will have the same definitions and meanings as
defined by the Terms of Use. Please review this Privacy Policy periodically as
we may revise it from time to time. If you do not agree with or accept our
Privacy Policy in its entirety, you must not access or use the Site. If you use
the Site following a change to the terms of this Privacy Policy you agree to
accept the revised policies.
USER AGREEMENT
By using this Website, you agree to be bound by and to
comply with these Terms and Conditions and the posted Privacy Policy which is
incorporated herein as though fully set forth herein. Upon entering the
requested information, our technology will forward your information to one of
our participating providers or to an aggregator and their providers who may
contact you regarding your request for services or products. This may be done
automatically and a new window may appear or the provider may contact you directly
by telephone, email or mail as set forth below. WE ARE NOT RESPONSIBLE FOR ANY
ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE. UPON ENTRY INTO AN PARTICIPANT'S
WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE Privacy Policy
AND TERMS AND CONDITIONS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL
INFORMATION AS THOSE POLICIES AND TERMS WILL DIFFER FROM THESE. In order to
provide you the services you have requested, you are expressly giving your
permission to provide any information collected on this Website to third
parties. As such, you are expressly giving your permission for such third
parties to contact you by mail, email, text messaging or telephone. By
registering and using this Website, you agree that such act constitutes a purchase,
an inquiry and/or an application for purposes of the Amended Telemarketing
Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that
your telephone number may be listed on the Federal Trade Commission's
Do-Not-Call List (or a state do-not-call) list you have authorized us to
contact you via telemarketing in accordance with the ATSR. Moreover, by
registering with, or requesting information from, a third-party provider at or
through the Website or other advertising media made available by us (e.g.,
email marketing), you agree that such action shall constitute a purchase, an
inquiry and/or an application with the respective third-party provider for
purposes of the ATSR and you may be contacted via email, direct mail and/or
telemarketing by such third-party provider in accordance with the ATSR. If, at
any time, you do not wish to be bound by these conditions or you are
unsatisfied with the Website, its content or other legal notices, you agree
that your sole and exclusive remedy is to discontinue using this Website and
you may opt-out using the method given below. You further represent and warrant
that: (i) You are at least 18 years of age and possess the legal authority to
enter into an agreement and to use the Website in accordance with these Terms and
Conditions; (ii) All information supplied by you is true and accurate (without
limitation of the foregoing, the provision of any speculative, incorrect,
misleading, false or fraudulent information is prohibited); (iii) You
understand and agree that Company may share personally identifiable information
and other information provided by, and aggregated information about you and
other users with its vendors, sponsors, providers, service providers and
marketers, lookup and reference services, other unaffiliated third parties, and
other entities that Company believes are able to provide its Website users with
offers and opportunities, as more fully described in the Company's posted
Privacy Policy (iv) You understand that abuse of this Website may result in your
being denied access to such Website, as determined by Company in its sole
discretion; (v) You understand and agree that Company controls only the landing
page and intake forms on this Website. Upon entry of the requested information,
a participating Provider will be contacting you directly to provide you with
information regarding their services. Company shall not be responsible for any
Provider or aggregators contact with you or any subsequent agreement you may
enter into with such Provider or aggregator; and (vi) Your use of the Services
on this Website is subject to all applicable federal, state and local laws and
regulations; (vii) You also give us permission to send you periodic updates of
services and products which may be of interest to you through email, mail, or
telemarketing; You understand that our providers may maintain the information
you submitted to us whether you elect to use their services or not. In the
event you no longer want to receive communications from one of our providers,
you agree to notify the partner directly.
Mobile Terms and Conditions
You agree to received automated promotional and personalized marketing text messages from
Calls.Live LLC, including text messages that may be sent using an automatic telephone dialing system,
to the mobile provided during signup and/or provided to your customer service representative.
Consent to receive automated marketing text messages is not a condition of any purchase.
Messaging frequency varies. Messaging and data rates may apply.
To opt-out of the text messaging program, text the keyword STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to our short code or long code, you will receive one additional
message confirming that your request has been processed. For more information, text the
keyword HELP to our shortcode or long code for customer care information. You may also
contact us at info@callslive.com or for additional (239) 351-1599
assistance with your inquiry.
SERVICES
The Website is an online network marketplace. You understand
and agree that if you submit a request through the Website, we will share your
personal information (such as your full name, address, telephone number, and
financial information) with participating providers in our network to process
and fulfill your request. You understand and agree that we are not a solar
installer, manufacturer or undertake a credit analysis or make credit decisions
in connection with the Service and that we are not a party to any agreement
that you may make with any participating service provider whom you choose to
use or from whom you obtain a solar installation. The participating provider(s)
with whom you contract to assist you is solely responsible for its services to
you. You further acknowledge and agree that we are not acting as your agent or
broker and are not recommending any particular service provider to you. Any
compensation we may receive is paid by the participating service provider for
advertising services we provide to them. We do not charge you a fee to use the
Website. You understand that the requirements for a particular service are made
by the participating service providers and we do not endorse, warrant, or
guarantee the products or service provider or installer. Nothing contained in
this Agreement shall constitute an offer or promise for a loan commitment or
solar installation. You agree that we shall not be liable for any damages or
costs of any type which arise out of or in connection with your use of the service
provider's services. You also give us permission to send you periodic updates
of services and products which may be of interest to you. Please note that
information we provide you either on the website or by email may not be used as
the sole basis for your decision to retain a particular service provider, and
their services may not meet your particular needs. Please seek the advice of an
appropriate professional for an assessment of the loan information provided by
the lender.
REJECTION, TERMINATION AND CANCELLATION
Company or its participating service provider may reject any
registration or subsequent application from any person with or without cause at
their sole discretion. Your status as a registered user creates only a customer
relationship with Company and does not create an employment relationship, an
independent contractor relationship, an agency relationship, or any other
relationship. You may cancel your request at anytime by sending an e-mail to
PROHIBITED USER CONDUCT
A. You are prohibited from any conduct that, in Company's
sole discretion, restricts or inhibits any other user from using or enjoying
the Website or any linked Website. You are prohibited from accessing or
attempting to access private areas of the Website or any other user's
information. You are prohibited from impersonating any person or entity or
otherwise falsely stating or misrepresenting your affiliation with a person or
entity.
B. You are prohibited from using any data, content, and any
information provided or used on the Website, as well as your use of our
Website, products and services which will infringe or facilitate infringement
on any copyright, patent, trademark, trade secret, or other proprietary,
publicity, or privacy rights of any person or entity, including third-parties.
You are prohibited from using any data, content or information which contains
or promotes any viruses, Trojan horses, worms, time bombs or other computer
programming or code that is designed or intended to damage, destroy, intercept,
download, interfere, manipulate, or otherwise interrupt or expropriate the
Website, data, personal information, software, equipment, servers or content or
facilitate or promote hacking or similar conduct. You are prohibited from
harvesting, sweeping, or use any other means, to collect information about
users of the Website; Use automated means, including spiders, robots, bots,
scripts, crawlers, or the like, in connection with any activity on the Website;
Resell, assign, sublicense, otherwise transfer, or delegate your rights or
obligations under these Terms and Conditions without the prior express written
authorization of Company; Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, link, display or
in any way exploit any Website content; or except as otherwise expressly
permitted on the Website, use any information you may obtain from the Website
(including without limitation, user information) to send any other person
unsolicited messages, commercial or otherwise, by electronic, telephonic,
postal or other means.
MARKETING MATERIALS
By signing up at the Website, you are giving your consent to
receive promotions or newsletters from Company, our affiliates and/or
third-party marketers. If you do not wish to receive these emails, you may
request to be removed by using the opt-out mechanism listed in the email
messages you receive. To opt-out of email promotions from Company alone, you
may simply use our convenient Opt-Out Page located at the bottom of the first
page of the Website. Please note that exercising an opt-out mechanism only applies
to the company with which you exercised that right.
THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND
THIRD PARTY WEBSITE ACTIVITIES
The Website may display and make available content,
promotions, advertisements, and offers provided by third parties ("Third
Party Promotions"), as well as goods and services offered by third parties
("Third Party Products"). You understand and agree that Company shall
not be responsible and shall have no liability for any Third Party Promotion or
Third Party Product or for your activities on any third party Websites for whom
Company displays offers ("Third Party Website Activity"), and that
you participate in or choose to click on a Third Party Promotion, purchase
and/or use a Third Party Product, or participate in a Third Party Website
Activity solely at your own risk. You agree that your sole remedy in connection
with any Third Party Promotion, Third Party Product or Third Party Website
Activity will be with the applicable Third Party offering the Third Party
Promotion, Third Party Product or Third Party Website Activity and that you
shall have no remedy against Company arising from your use of or participation
in, or inability to use or participate in, any Third Party Promotion, Third
Party Product or Third Party Website Activity.
RELATIONSHIP WITH MARKETING PROVIDERS
This is an independent Website and is not affiliated with
any of the listed products or services. Trademarks, service marks, logos,
and/or domain names are the property of their respective owners, who have no
association with or make any endorsement of the products or services provided
by this Website. Furthermore, participating service providers are independent
third parties and this Website is not acting as a principal, agent or broker
with respect to any providers.
Information Collected
At Company, we collect personally identifiable information
(“PII”) and non-personally identifiable information (“Non-PII”) from you.
Personally identifiable information is information that can be used to identify
you personally. Non-personally identifiable information is information that
must be combined with other information to identify you personally.
Personally Identifiable Information Collected
Personal information is information that identifies you as
an individual, such as your name, mailing address, e-mail address, telephone
number, and fax number. We may collect personal information from you in a
variety of ways:
When you send us an application or other form
When you conduct a transaction with us, our affiliates, or
others
When we collect information about in you in support of a
transaction, such as credit card information
In some places on this Site you have the opportunity to send
us personal information about yourself, to elect to receive particular
information, to purchase access to one of our products or services, or to
participate in an activity.
Utility usage information
While it may not be personally identifiable in nature, we
may collect certain information about your electric utility usage in order to
find out if you qualify for the products and services advertised on the Sites.
Non-Identifying Information
Non personal information is information that cannot identify
you. Whenever you use our website, we may collect Non-PII from you, such as
your IP address, zip code, gender, browsing history, search history, and
registration history, interactions with the Site, usage information, location,
referring URL, browser, operating system, data usage, data transferred, and
Internet service provider. We may also collect information including but not
limited to postings you make on the public areas of our website, messages you
send to us, and correspondence we receive from other members or third parties
about your activities or postings.
Use of Your Information
Some of your information will be visible to us or other
users of the Site to facilitate communication. We use various tracking
mechanisms to track the use of customers on our Site. We will never sell your
information without your permission; however you agree that we may use your
information in the following ways:
To provide any services offered and to operate the Company
Site.
To enhance or improve our users’ experiences.
To contact you via email or other electronic communications
where you have an inquiry.
To notify you of additional Company updates.
To share your information with third party partners or third
parties hired by us to perform functions, market additional products and
services, and provide services to us subject to the obligations consistent with
this Privacy Policy and on the condition that the third parties use your
information only on our behalf and pursuant to our instructions.
Personal information is used to primarily contact you to
receive a free roof analysis, answer questions about solar energy, provide a
detailed quote if requested, or any other matter related to marketing solar
energy. Methods we, or a third party affiliate, may use to contact you are via:
phone call, e-mail, telephone auto-dialing system, or SMS/MMS messaging, by
Company or one of its affiliate(s) or marketing partners, including but not
limited to:
Calls.Live, LLC
You may opt out of receiving communications at any time by
contacting Company, Company email, or any of its marketing partners or
affiliate(s)
Personal information collected online may be combined with
information you provide to us through other sources We may also remove your
personal identifiers (your name, email address, etc.). In this case, you would
no longer be identified as a single unique individual. Once we have
de-identified information, it is non-personal information and we may treat it
like other non-personal information. Finally, we may use your personal
information to protect our rights or property, or to protect someone’s health,
safety or welfare, and to comply with a law or regulation, court order or other
legal process.
Accessing, Editing, and Removing Your Information
If you have any questions or wish to review, change, or
access any of your information collected by us, please contact us at
Erik@Calls.Live.com Additionally, if you wish to opt out of
our data collection practices or would like us to remove any of your
information from our databases, please either follow instructions on the page
of the web site on which you have provided such information or subscribed or
registered or contact us. After you have canceled your account please be aware
that we may keep inaccessible copies of your PII and non-PII subject to our
data retention policies.
Cookies and Tracking
We may use cookies and related technologies, such as web
beacons, to collect information on our website. A cookie is a text file that is
placed on your hard disk by a web page server. Cookies cannot be used to run
programs or deliver viruses to your computer. Cookies are uniquely assigned to
you and can only be read by a web server in the domain that issued the cookie
to you. One of the primary purposes of cookies is to provide a convenience
feature to save you time. The purpose of a cookie is to tell the Web server
that you have returned to a specific page. For example, if you register with
us, a cookie helps the Company to recall your specific information on
subsequent visits. This simplifies the process of recording your personal
information, such as billing addresses, shipping addresses, and so on. When you
return to the same Company website, the information you previously provided can
be retrieved, so you can easily use the features that you customized. A web
beacon is a small graphic image that allows the party that set the web beacon
to monitor and collect certain information about the viewer of the web page,
web-based document or e-mail message, such as the type of browser requesting
the web beacon, the IP address of the computer that the web beacon is sent to
and the time the web beacon was viewed. Web beacons can be very small and
invisible to the user, but, in general, any electronic image viewed as part of
a web page or e-mail, including HTML based content, can act as a web beacon. We
may use web beacons to count visitors to the web pages on the web site or to
monitor how our users navigate the web site, and we may include web beacons in
e-mail messages in order to count how many messages sent were actually opened,
acted upon or forwarded.
Company and/or its marketing partners/affiliates also may
use cookies on our web site. For instance, we may contract with our marketing
partners/affiliates who will use cookies on our web site to track and analyze
anonymous usage and volume statistical information from our visitors and
members. Such information is shared externally only on an anonymous, aggregated
basis. Marketing partners/affiliates use persistent cookies to help us to
improve the visitor experience, to manage our site content, and to track
visitor behavior. We may also contract with a third party to send SMS messages
or e-mail to our users.
To help measure and improve the effectiveness of our SMS and
e-mail communications, our marketing partners/affiliates set cookies. All data
collected by our marketing partners/affiliates on behalf of Company is used
solely by or on behalf of Company and is shared externally only on an
anonymous, aggregated basis. From time to time, we may allow our marketing
partners/affiliates to post advertisements on our website, and those our
marketing partners/affiliates advertisements may include a cookie or web beacon
served by our marketing partners/affiliates. This Privacy Policy does not cover
the use of information collected from you by our marketing partners/affiliates
and servers. We do not control cookies in such marketing partners/affiliates
ads, and you should check the privacy policies of those advertisers and/or ad
services to learn about their use of cookies and other technology before
linking to an ad. We will not share your personal information with these
companies, but these companies may use information about your visits to this
and other websites in order to provide advertisements on this site and other
sites about goods and services that may be of interest to you, and they may
share your personal information that you provide to them with others.
You have the ability to accept or decline cookies. Most Web
browsers automatically accept cookies, but you can usually modify your browser
setting to decline cookies if you prefer. If you choose to decline cookies, you
may not be able to fully experience the interactive features of the Company
websites you visit.
Third Party Access to Your Information
Although you are entering into an Agreement with Company to
disclose your information to us, we do use third party individuals and
organizations to assist us, including contractors, web hosts, and others to
allow you to access the Site.
Throughout the course of our provision of our services to
you, we may delegate our authority to collect, access, use, and disseminate
your information. It is therefore necessary that you grant the third parties we
may use in the course of our business the same rights that you afford us under
this Privacy Policy. For this reason, you hereby agree that for every
authorization which you grant to us in this Privacy Policy, you also grant to
any third party that we may hire, contract, or otherwise retain the services of
for the purpose of operating, maintaining, repairing, or otherwise improving or
preserving our website or its underlying files or systems. You agree not to
hold us liable for the actions of any of these third parties, even if we would
normally be held vicariously liable for their actions, and that you must take
legal action against them directly should they commit any tort or other
actionable wrong against you.
For instance, in the ordinary course of business we may
share some personal information with companies that we hire to perform services
or functions on our behalf. In all cases in which we share your personal
information with a third party for the purpose of providing a service to us, we
will not authorize them to keep, disclose or use your information with others
except for the purpose of providing the services we asked them to provide.
We will not sell, exchange or publish your personal
information, except in conjunction with one of our marketing partners or
affiliate(s), including but not limited to:
Calls.Live, LLC
For some sorts of transactions, in addition to our direct
collection of information, our third party service vendors (such as credit card
companies, clearinghouses and banks) who may provide such services as credit,
insurance, and escrow services may collect personal information directly from
you to assist you with your transaction. We do not control how these third
parties use such information, but we do ask them to disclose how they use your
personal information before they collect it.
If you submit a review for a third party (person or
business) using our Facebook Fan Review Application, during the submission
process we ask your permission to gather your basic information (such as name
and email address) which we then share with the third party for whom you are
submitting the review. We may be legally compelled to release your personal
information in response to a court order, subpoena, search warrant, law or
regulation.
We may cooperate with law enforcement authorities in
investigating and prosecuting web site visitors who violate our rules or engage
in behavior, which is harmful to other visitors (or illegal). We may disclose
your personal information to third parties if we feel that the disclosure is
necessary to protect our rights or property, protect someone’s health, safety
or welfare, or to comply with a law or regulation, court order or other legal
process. As discussed in the section on cookies and other technologies, from
time to time we may allow a third party to serve advertisements on this web
site.
If you share information with the advertiser, including by
clicking on their ads, this Privacy Policy does not control the advertisers use
of your personal information, and you should check the privacy policies of
those advertisers and/or ad services to learn about their use of cookies and
other technology before linking to an ad.
Law Enforcement
You agree that we may disclose your information to
authorities if compelled to by a court order. Additionally, you agree that we
may disclose your information if we reasonably believe that you have violated
US laws, the terms of our Terms of Use or our Privacy Policy, or if we believe
that a third party is at risk of bodily or economic harm. In the event that we
receive a subpoena affecting your privacy, we may elect to notify you to give
you an opportunity to file a motion to quash the subpoena, or we may attempt to
quash it ourselves, but we are not obligated to do either. We may also
proactively report you and release your information without receiving any
request to third parties where we believe that it is proper to do so for legal
reasons, where your actions violate any US laws or any other country having
jurisdiction over us, our Site, or our Terms of Use. You release us from any
damages that may arise from or relate to the release of your information to a
request from law enforcement agencies or private litigants. We may release your
information under the conditions listed in this paragraph whether it is to
individuals or entities and to any state or federal authorities, as required.
Opt Out of Commercial, Non-Commercial Communications and Do
Not Track
If you decide to provide us with your contact information,
you agree that we may send you communications via text and emails. However, you
may unsubscribe from certain communications by notifying Company that you no
longer wish to receive these communications and we will endeavor to promptly
remove you from our mailing list or communications once we have received that
request. We currently do not offer functionality for you to opt out through “do
not track” listings. If you wish to opt out of certain communications or
information collection, please contact us at Erik@Calls.Live.com
Third Parties
Company or other users may post links to third party
websites on Site, which may include information that we have no control over.
When accessing a third party site through our Site, you acknowledge that you
are aware that these third party websites are not screened for privacy or
security issues by us.
Please be aware that this Privacy Policy, and any other
policies in place, in addition to any amendments, does not create rights
enforceable by third parties. Company bears no responsibility for the
information collected or used by any advertiser or third party website. You
must review their electronic agreements and privacy policies to understand how
their information collection practices work.
Security Measures
We have implemented generally accepted standards of
technology and operational security in order to protect personally-identifiable
information from loss, misuse, alteration, or destruction. Only authorized
personnel and third party vendors have access to your personal information, and
these employees and vendors are required to treat this information as
confidential. Despite these precautions, we cannot guarantee that unauthorized
persons will not obtain access to your personal information. For this reason,
we recommend that you use anti-virus software, routine credit checks,
firewalls, and other precautions to protect yourself from security and privacy
threats.
Links
This Site contains links to other sites that provide
information that we consider to be interesting. Company is not responsible for
the privacy practices or the content of such web sites.
Public Discussions
This site may provide public discussions on various business
valuation topics. Please note that any information you post in these
discussions will become public, so please do not post sensitive information in
the public discussions. Whenever you publicly disclose information online, that
information could be collected and used by others. We are not responsible for
any action or policies of any third parties who collect information that users
disclose in any such forums on the web site. Company does not agree or disagree
with anything posted on the discussion board. Also remember that you must
comply with our other published policies regarding postings on our public
forums.
Your California Privacy Rights
Company permits residents of the State of California to use
its Site and complies with the California Business and Professions Code §§
22575-22579. If you are a California resident you may request certain
information regarding our disclosure of personal information to any third
parties for their direct marketing purposes. Various provisions throughout this
Privacy Policy address requirements of the Californian privacy statutes. You
must presume that we collect electronic information from all visitors. You may
contact us at
Erik@Calls.Live.com with any questions.
Age Compliance
We intend to fully comply with American and international
laws respecting children’s privacy including COPPA. Therefore, we do not
collect or process any information for any persons under the age of 18. If you
are under 18 and using our Site, please stop immediately and do not submit any
information to us. In the event that you become aware that we have
inadvertently collected any information from users under the age of 18, please
contact us immediately.
International Transfer
Your information may be transferred to - and maintained on -
computers located outside of your state, province, country, or other
governmental jurisdiction where the privacy laws may not be as protective as
those in your jurisdiction. Your consent to this Privacy Policy followed by
your submission of such information represents your agreement to that transfer.
PII and Non-PII that are submitted to Company will be collected, processed,
stored, disclosed and disposed of in accordance with applicable U.S. law and
this policy. If you are a non-U.S. user, you acknowledge and agree that the
Company may collect and use your Information and disclose it to other entities
outside your resident jurisdiction. In addition, such information may be stored
on servers located outside your resident jurisdiction. U.S. law may not provide
the degree of protection for information that is available in other countries.
Merger and Acquisition
In the event that Company is involved in a bankruptcy,
merger, acquisition, reorganization or sale of assets, your information may be
sold or transferred as part of that transaction. Please be aware that once the
information is transferred your privacy rights may change.
DISCLAIMER OF WARRANTIES
Except as expressly set forth herein, Company is not
responsible for any incorrect or inaccurate information or entry of
information, whether caused by users of the Website or by any of the equipment
or programming associated with or utilized in connection with the Website or
the products or services provided on or through the Website, or by any
technical or human error which may occur in the processing of information
received by Company. Company assumes no responsibly for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or authorized access to, or
alteration of, information received or submitted in connection with the
Website. Company is not responsible for any problems, errors or technical
malfunction of any telephone network or lines, computer on-line systems,
servers or providers, computer equipment, or software, or any failure of email
on account of technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including injury or damage to participants or
to any other person's computer related to or resulting from use of the Website
or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED
"AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND
ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS,
USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY
WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT
OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE
FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING
CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR
WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES,
PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE
TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF
ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
INDEMNITY
You agree to defend, indemnify and hold Company, its
parents, subsidiaries, partners, agents, affiliates, licensors, providers,
successors and assigns and their respective officers, directors, employees and
shareholders harmless from any and all claims, liabilities, costs and expenses,
including reasonable attorneys fees, arising in any way from, in connection
with or as a result of your use or inability to use the Website and or Website
Content, any information provided to you by the Website, or any violation of
these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE
EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS
KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
RELEASE
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE
COMPANY AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND
CONTRACTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF
RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE
TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with any third
parties as a result of your use of this Website and participation in the
Service, including, but not limited to, business dealings with service
providers, or any other terms, conditions, warranties, representations
associated with such dealings, are solely between you and such third party. You
agree that Company shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence
of such a third party on the Website.
DISPUTE RESOLUTION
This Agreement will be interpreted in accordance with the
laws of the State of Utah, without regard to the conflicts of laws principles
thereof. The parties agree that any and all disputes, claims or controversies
arising out of or relating to the Agreement, its interpretation, performance,
or breach, that are not resolved by informal negotiation within thirty (30)
days (or any mutually agreed extension of time), shall be submitted to final
and binding arbitration before a single arbitrator of the American Arbitration
Association ("AAA"). Either party may commence the arbitration
process called for herein by submitting a written demand for arbitration with
the AAA, and providing a copy to the other party. The arbitration will be
conducted in accordance with the provisions of the AAA's Commercial Dispute
Resolutions Procedures in effect at the time of submission of the demand for
arbitration. The costs of arbitration plus reasonable attorneys fees (including
fees for the value of services provided by in house Provider) shall be awarded
to the prevailing party in such arbitration.
RIGHT TO OPT OUT
If you do not wish to be bound by this arbitration clause,
you must notify the Company in writing within 60 days after signing this
Agreement or your rejection of arbitration will not be effective. You must send
your request to:
Erik@Calls.Live.com Your request must include your telephone
number(s) and a clear statement of your intent, such as "I reject the
arbitration clause stated in the Company's Website Terms and Conditions."
WAIVER AND SEVERABILITY OF TERMS
The failure by Company to exercise or enforce any right or
provision of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Agreement remain in full force and
effect.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you
and Company and governs your use of the Website and Service, superseding any
prior agreements. You also may be subject to additional terms and conditions
that may apply when you use or purchase other Company services, affiliated
services, third-party content or third-party software.
STATUTE OF LIMITATIONS
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE
SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR
RECORDS.
ADVERTISING DISCLOSURES
Typical bill savings estimates are based on 20-year savings
with a 5kW solar system. These estimates assume a utility inflation rate of
2.2% and assume 84% percent of needs are met by solar panels. The electricity
rates used are state averages as of September of 2016 (according to EIA).
Ownership of the solar system and panels is also assumed. Typical savings may
vary according to roof, shading, and other home properties.
A consumer's eligibility to have the costs of their solar
installation covered in their state will depend on their tax liability. The
Federal ITC is a 26 percent tax credit (as of 2022) on residential (under
Section 25D) and commercial (under Section 48) properties that is available in
states across America (see
https://www.seia.org/initiatives/solar-investment-tax-credit-itc). The average
cost of installing solar in terms of labor is around 10% of system costs* and
can vary by state, project scope, and installation company. In most cases, a
consumer will have more than enough credit to cover the cost of their solar
installation provided they have enough tax liability to take advantage of the
ITC.
*A typical or average size of a solar system is about 5kW
(about 15-25 panels) and typically costs around $30,000. This amount can vary
tremendously by state and the project scope. The Lawrence Berkeley National
Laboratory (LBNL) estimates that the average cost of labor for a solar project
is around $0.59/W, which is generally around 10% of the total cost to install a
solar system (assuming a solar system and installation cost of $6.19/W). This
means that the average cost to install a typical-sized solar system should be
around $3,000. These estimates are subject to change as technological
breakthroughs are constantly bringing the cost of solar lower and lower.
A consumer's eligibility to get paid to install solar will
also depend on rebates and incentives available in their state, their utility
company, and tax liability. Eligible users can receive payments in the form of
$/watt of solar installed (depending on their utility provider), in the form of
a monetary payment for projects that are within a certain scope, in the form of
monetary compensation, or otherwise, from utility providers that offer net
metering programs, or in the form of a credit on your income taxes (provided
you have enough tax liability to take advantage). All payments are subject to
terms, eligibility, and availability and can change over time.
Amendments
Like our Terms of Use, we may amend this Privacy Policy from
time to time. When we amend this Privacy Policy, we will modify the date listed
on this Agreement or we may contact you. You must agree to the amendments as a
condition of your continued use of our Site. If you do not agree, you must
immediately cease using our Site and notify us of your refusal to agree by
emailing us at
Information
If you have any questions or require additional information
related to our information collection practices, please contact us at
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